Abū Zuhayr Azhar Bin Ismā'īl

Limit when Travel Rukhśahs End

When the musāfir intends iqāma (staying) for four days other than the day he enters and the day he leaves, he is considered a muqīm and the rukhsahs (legal permissions) associated with travel is discontinued from him. This is because within three days he is not yet considered a muqīm. “This is considering the fact that the muhājirūn, may Allah be pleased with all of them, is prohibited from iqāma in Makkah, and then the prophet, Salutations of Allah and His Peace upon him gave rukhśah for their iqāma for three days and then he, Salutations of Allah and His Peace said: {The muhājir stay, after the completion of his nusuk (hajj rites) for three days.}. And ‘Umar, may Allah be pleased with him, expelled the Jews out of Hijāz and then gave permission to those of them who came for business to do so within three days.

As for the day he enters and leaves, it is not counted because he is a musāfir on those days, and his iqāma on part of those days does not deny his status as a musāfir. This is given the fact that every musāfir will have to iqāma for part of the day, and that the difficulties associated with travel will not cease except with iqāma for a day.

And if he intends for iqāma of four days in the situation of war, then there are two qauls. One of the qaul is that he may perform qaśr (shortening of prayers), due to the narration of Anas “that the companions of the messenger, Salutations of Allah and His Peace upon him, stayed in Rāmarhumuz for nine months, performing qaśr of his prayers”. The second qaul is that he should not perform qaśr because he intends his iqāma for four days without traveling in it, so he should not perform qaśr as how he intended for iqāma in other than war.

There may be cases where one stays in a city for a need without intending a time. When his need is accomplished, he would depart from the city. With regard to this, there are two qauls. The first is that he may perform qaśr for seventeen days because the aśl (origin) is tamām (complete prayers) unless there is a rukhśah which is wārid (existing reports from the Messenger, Salutations of Allah and His Peace upon him) with regard to it. It has previously been narrated by Ibnu ‘Abbās that he said: ” We travelled with the Prophet, Salutations of Allah and His Peace upon him, and he stayed for seventeen days performing qaśr of his prayers. And if he remains more than that, it would be upon the original ruling. The second qaul is that he should continue to perform qaśr because the iqāma is for a need in which he would depart after that. He is not prevented from performing qaśr just like the seventeen days. Abu Ishāq made takhrīj of a third qaul which is: that one should perform qaśr only until the fourth day because the iqāma itself is most effectual pertaining to the niyyah al-iqāma (intention of the iqāma). This is given the fact that al-faskh (invalidation) would never be able to afflict the iqāma as how al-faskh may afflict the the intention. It was already established that if he were to intend to iqāma for four days, he should not perform qaśr. Therefore surely if he were not to perform qaśr when he indeed made iqāma for four days is awlā (with greater reason).

Commentary

Imam an-Nawāwi may Allah have mercy upon him in the commentary of the above said:

The Hadīths

The hadīth forbidding the muhājirūn from iqāma in Makka is narrated by Bukhāri and Muslim while the hadīth {The muhājir stay, after the completion of his nusuk (hajj rites) for three days.} is narrated by Bukhari and Muslim as well from al-‘Alā’ bin al-Hadhramī, may Allah be pleased with him. The hadīth of ‘Umar, may Allah be pleased with him, that he expelled the Jews from the Hijāz, and then he permits those of them doing business to stay for three days is śahīh narrated by Mālik in the Muwattha’ with a śahīh chain and he narrated it from Nāfi’ from Aslama, the mawlā of ‘Umar. The hadīth of “the iqāma of the companions at Ramāhiz for 9 months performing qaśr of prayers” is narrated by al-Baihaqi with a śahih chain except that in it is ‘Ikramah Bin ‘Ammār who is disputed with regard to making hujjah with. Muslim, however narrated from him in his śahih. The hadīth of Ibnu ‘Abbās is narrated by al-Bukhāri in his śahīh. However, in the narration of al-Bukhāri is 19 days, a day short of 20. It is reported in some of the narrations of Abū Daūd and al-Baihaqi, 17 days, 3 days short of 20. And this is what is reported in the Muhaźźab.

The Wordings

As for the wordings in this section, ‘Umar expelled the Jews” means he made them left their houses. The people of lughah (genuine language of Arabs) said: the qaum (people) jalā (evacuated), leaving their houses, and ajlaythum (it expelled them), and jalawathum (it evacuated them), causing them to leave.

And Rāmahurmuz is a known city, and his saying “nine (tis’ah) months”. And his saying “al-faskh would never be able to afflict iqāma” means the iqāma could not be lifted after it occurs, while for intention it is possible to suspend it or nullify it.

As for the wārid hadīths pertaining limited iqāma are in the hadīth of Ibnu ‘Abbās which is 19 days as we mentioned from the narration of al-Bukhāri while in the narration of Abū Daūd and al-Baihaqi with a śahih chain upon the condition of al-Bukhāri is 17 days and in another narration of Abū Daūd and al-Baihaqi from Ibnu ‘Abbās is 15 days but it is weak, considered as a mursal hadīth. This hadīth of Ibnu ‘Abbās is with regard to the iqāma of the Prophet, Salutations of Allah and His Peace upon him, in Makka during the war of Hawāzin in the year of al-Fath (opening). Abū Daūd and al-Baihaqi narrated it from ‘Imrān Bin Huśain that the Prophet, Salutations of Allah and His Peace upon him “stayed in Makkah for 18 nights performing qaśr of his prayers”. except that in his chain are those who are not made hujjah with. Al-Baihaqi said: The most śahīh of narrations with regard to the hadīth of Ibnu ‘Abbās is 19 days, which is the one mentioned by al-Bukhari. He said: it is possible to gather between the hadīth the hadīth of 18 , 19 and 17 days that those who narrated 19 days counted the day of entering and leaving, and those that narrated 17 did not count them, while those that narrated 18 counted one of them. Abū Daūd and al-Baihaqi narrated from Jābir {The messenger, Salutations of Allah and His Peace stayed in for twenty days, performing qaśr of his prayers} but it was narrated both as a musnad and mursal hadīth. Some of them said: the mursal narration is more śahih. I say: there is tafarrud of Ma’mar bin Rāshid’s in the musnad narration while he is an Imām, who is agreed upon (ijmā’) of his greatness. The rest of the chain is sound upon the conditions of al-Bukhāri and Muslim. Thus the hadīth is śahih by virtue of the fact that when there are contradictory hadīths, musnad and mursal, one makes hukum with the musnad hadīth.

The Ruling

As for the ruling of this section, ash-Shāfi’ī and the aśhāb said when one intends in the course of his journey unrestricted iqāma, discontinuing his safr (travel), there is ittifāq (agreement amongst the scholars) that it is not permissible for him to continue with any rukhśahs associated with safr. If he restores his movement after that, then it is considered a new safr and he is not allowed to perform qaśr unless he intends two marhalas. This is when one intends iqāma in a place which is suitable for iqāma such as the city, village, a valley in which the bedouin could stay in, or its likes. As for the desserts and its likes, with regard to the cessation of his safr and rukhśahs by his intention to iqāma, there are two masyhūr qauls with regard to it. The aśah (relied upon) of them in the sight of the jumhūrs is that the safr and rukśahs are ceased because he is no longer a musāfir, and he is not entitled the rukśahs until he leaves the place. The second qaul is that it does not cease and he is entitled to the rukhśahs because it is not suitable for iqāma and his intention is only linguistic. This is applicable to the case where one is mākith (halts and waits). As for those who intends as such while he is moving, he does not become a muqīm without khilāf. Al-Bandanījī and others clarified this. This is because the actual reason of his intent is safr and it indeed exists in reality.

As for the case where one intends iqāma for three days or less, the rukhśahs does not cease without khilāf. And if he intends iqāma for more than three days: ash-Shāfi’ī and the aśhāb said if he intends iqāma for four days, he becomes a muqīm and his rukhśahs are ceased. This require that the intention before the four days is not disconnected by safr even if it exceeded by three days. Many of aśhāb have clarified this.

With regard to the way the four days are counted are two wajhs (opinions of the aśhāb). These are transmitted by al-baghāwī and others. One of it is that the days in which one enters and exits are counted, just like how the days of hadāth, and removal of khuff after the period of wiping are counted. The aśah (relied upon) which is affirmed by the author and the jumhūr, is that the two days are not counted due to what is mentioned by the author. According to the first wajh, if one enters on Saturday at the time of zawwāl (when the sun crosses the meridian i.e. noon), with the intention of leaving on Wednesday at the time of zawwāl, he becomes a muqīm. According to the second wajh, however, he did not become a muqīm even if he enters in the morning of Saturday and intends to leave in the evening of Wednesday. As for the qaul of Imām al-Haramayn and al-Ghazāli, “whenever one intends iqāma beyond three days, he becomes a muqīm”, then it agrees with what is mentioned by the aśhāb. This is because it is not possible to go beyond three days other than the days of entering and leaving in such a manner that it does not reach the fourth day. Further, the days are counted based on its nights. Whenever one intend for four days, he becomes muqīm immediately and if he enters in the night he does not count the remaining part of the night and counts the following day.

In all these, the non combat situations are considered. As for the combatant and he is a muqīm in the state of rightful fighting, then there are two masyhūr qauls. One of it is that he performs qaśar without limit as mentioned by the author. This is the ikhtiyār (ijtihad of a shafiite scholar independent of the opinion of ash-Shafii) of al-Muzani, the maźhab of Mālik, Abū Hanīfa and Ahmad. According to this opinion, one in combat performs qaśar without limit even if he intends to iqāma more than four days. The aśah of the two opinions according to the aśhāb is that he is like the others. Thus, he does not perform qaśr if he intends to stay for four days. Amongst those who considered it śahīh is al-Qādhi Abū Tayyīb, al-Māwardī, at-Rāfi’ī and others. Ash-Sheykh Abū Hāmid and al-Mahāmilī said: This is the ikhtiyār of ash-Shāfi’ī. Their response to the hadīth of Anas is that they did not made iqāma for nine months in one place. Rather they shifted around in that region.

Situation 1
As for one who stays in a city or village for a business then there are two situations: one of it is that he is able to anticipate that his business is able to finish in less than four days and he intends to depart when he concluded it. In his case, he may perform qaśr up to the four days without khilāf. With regard to the additional days, there are two tarīqahs (transmissions of the maźhab). The śahīh (relied upon) of the two which is the opinion of the jumhūr is that it is upon three qauls. (1) it is permissible to perform qaśr without limit similar to the muqīm due to combat, fear resulting from combat, business or others. (2) it is not permissible to perform qasr absolutely (3) which is the aśah (relied upon) according to the aśhāb, it is permissible to perform qaśr for 18 days only. It is said: according to this, 17 days is permissible, while it is said 19. It is also said 20. Imam al-Haramain termed these differences as qauls. The second tarīqah is that these qauls is for the combatant. As for the rest, it is not permissible for them to perform qaśr after four days. This tarīqah has only one qaul and is the opinion of Abū Ishāq as mentioned by the author. When we gather all these qauls and wajhs, and term all of them as qauls, there are seven in total. (1) it is not permissible to perform qaśr after four days (2) it is permissible to perform up to 17 days. (3) which is the relied upon, up to 18 days (4) up to 19 days (5) up to 20 (6) there is no limit in the number of days (7) only for the combatant is allowed beyond four days and not the others. The proofs for all these is known from what is mentioned by the author and what we mentioned earlier.

Situation 2
That he knows his business will not be concluded before four days, other than the day of entering and the day of leaving such as the mutafaqqih (student of knowledge), a muqīm for a huge business, due to Friday prayers and it’s likes while between him and Friday is four or more days. So if he is a combatant, while we say in the first situation he should not perform qaśr, then here it is awlā to not perform qaśr. Otherwise, there are two qauls. The first qaul is that he is given rukhśahs without limit in the number of days. The aśah is that he is not to exceed 18 days. If he is not a combatant, (1) the maźhab (relied upon) is that he is not to perform qaśr absolutely and this is affirmed by the jumhūr. (2) he is like the combatant. This is transmitted by at-Rāfi’ī and others and they said this is a mistake.

If it is said: it is established in the two śahīhs of al-Bukhārī and Muslim from Anas that he said ” we exited with the Prophet, Salutations of Allah and His Peace upon him, and he performed qaśr until he reached Makkah. We then stayed in it for 10 days and he did not cease from performing qaśr, until he returned.” Then this is for the hajj al-Wadā’ (the farewell hajj). The Prophet, Salutations of Allah and His Peace upon him, has certainly intended iqāma for this period. The answer is as per the response of al-Baihaqī and our aśhāb in the books of the maźhab. They said: Anas did not mean that they stayed in Makkah itself for 10 days. Rather, the śahīh transmissions of the hadīth from the narrations of a group of companions which is agreed upon, is that the Prophet, Salutations of Allah and His Peace upon him, arrived in Makkah for hajj fourth of zhulhijjah and he stayed there for three days, not counting neither the day of entering nor the eighth of Zhulhijjah. This is because he left on that day to Minā and prayed in Mina zhuhr and ‘aśr and then mabīt (stayed the night) in it. He departed from Minā on the 9th of Zhulhijjah to ‘Arafāt and returned. He then mabīt in Muzdalifah. Then he entered upon the morning and departed to Minā for the conclusion of his nusuk (hajj rites). He then made ifādhah (returning from Minā to Makkah during hajj), and made tawāf for ifādhah then he returned to Minā and stayed in it for three days, performing qaśr. Then he made nafr (departing Minā during hajj) in Minā after zawwāl on the third day of tashrīq. Next, he dismounted at the Muhaśśib and made tawāf in the night for the wadā’ (farewell) He then departed from Makkah before dawn. The Prophet, Salutations of Allah and His Peace upon him, did not stay for four days in one place.
And Allah knows best.

Imam an-Nawāwi continues:

The maźhab of the scholars with regard to the iqāma of the musāfir in a city is as follows. We have previously mentioned that our maźhab is that if one intends iqāma for four days other than the entering day and the leaving day, his rukhśahs are ceased. If he intended less than that, then the rukhśahs are not ceased. This is the maźhab of ‘Uthmān Bin ‘Affān, Ibn al-Musayyib, Mālik and Abū Thaur.
Abu Hanīfah, ath-Thawri and al-Muzani said: if he intends iqāma for fifteen days including the day of entering , he prays tamām, otherwise, if he intends lesser than that, he performs qaśar. Ibnu al-Munźir said something similar is narrated from Ibnu ‘Umar. He said: al-Awzā’ī , Ibnu ‘Umar in a narration from him and ‘Ubaidullāh bin Abdullāh bin ‘Utaibah said: if one intends iqāma for 12 days, he performs tamām, otherwise, it is not necessary for him to do so. Ibnu ‘Abbās, Ishāq and Rāhwayh said: If he intends iqāma for 19 days, he prays tamām, if he intends lesser than that, he performs qaśr. Al-Hasan bin Śalih said: if he intends for 10 days, he prays tamām. Ibnu al-Munźir said: it is narrated from Ibnu Muśayyib that he said: if he intends iqāma for three days, he prays tamām. He said: al-Hasan al-Baśri said “He performs qaśr unless he enters a miśr (city) of cities.” And from ‘Ā’îshah, something similar. He said: and Rabī’ah said: if one intends iqāma for a day and a night, he performs tamam. Al-‘Abdarī said: it is transmitted from Ishāq bin Rāhwayh that he performed qaśr without limit until he enters his watn or a town in which his family or wealth is in it. Al-Qādhi Abū Tayyib said: This is narrated from Ibnu ‘Umar and Anas. As for the case where one iqāma in a town waiting for a need, which he anticipated to be less than four days, we have previously mentioned that the aśah in our opinion is that one can perform qaśr up to 18 days. Abū Hanīfah, Mālik and Ahmad said: he may perform qaśr without limit. Abū Yusuf and Ahmad said: He is a muqīm.